Government departments fight over ‘white elephant’ court building

The Department of Justice (DoJ) has spent the weekend trying to convince the Department of Employment and Labour (DEL) not to shut down the “non-compliant “Mpumalanga High Court building.

The squabble between the two organs of state started about two weeks ago when the DEL inspections revealed that the R1.1 billion four-storey building in Mbombela, which accommodates DoJ and National Prosecuting Authority (NPA) employees, failed to meet the occupational health and safety (OHS) standards.

After further investigation, DEL issued a prohibition order instructing the department to shut down the building and evacuate the employees immediately, but the DoJ continued to operate.

DEL Inspector General Aggy Moiloa said: “During the inspection it was found the structure was hazardous, with malfunctioning toilets, electrical issues, damaged ceiling boards and leaking roofs.”

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Some employees told The Citizen that currently the employer has placed them in other offices while the most affected offices were being attended to.

A senior unionist who preferred anonymity said: “What I know so far is that the department will be given seven days to sort out the OHS challenges.”

Speaking to The Citizen over the weekend, DoJ spokesperson Kgalalelo Masibi confirmed that the court has been closed and that negotiations are underway to resolve the matter.

“The Department of Justice and Constitutional Development is aware of the situation at the Mpumalanga High Court building following a recent inspection by the department of labour and the subsequent findings that highlighted issues with the building. This matter is being attended to by the department with the urgency it deserves.

“Currently, a meeting is underway where the department is meeting with the department of labour, public works and other relevant stakeholders to resolve the problem. We will provide a detailed response once several issues have been properly established. We will also undertake to communicate progress with the interventions soon.”

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Flip van Der Walt, a provincial representative of the Public Servants Association (PSA), criticised the authorities for the long-term neglect of the building’s compliance status.

“Opened on 13 May 2019, the Mpumalanga High Court building has yet to meet OHS standards. A letter from the Mbombela Municipality, dated 15 April 2019, confirms the building’s non-compliance and calls for urgent action by the Department of Justice and the Department of Public Works, mandating them to rectify safety deficiencies within three months. Despite this, no OHS certificate has been issued to confirm the building’s safety.

“Maintenance disputes between the two departments have left the building’s safety concerns unaddressed. A garage door blocking a parking area has remained dislodged for two years, restricting parking access. More concerning are the unsanitary conditions, such as water from upper floors draining into the ground floor offices, some containing wastewater from toilets.

“The building’s design appears flawed, with numerous offices lacking windows which is in violation of OHS requirements for access to fresh air. The building further lacks accessibility features, such as a ramp for persons with disabilities,” he said.